3. Cerere de revizuire întemeiată pe dispoziţiile art. 509 alin. (1) pct. 8 NCPC. Competenţa materială
3. Application for revision based on the provisions of art. 509 para (1) item 8 of the NCCP. Material jurisdiction

Summary/Abstract: According to art. 510 para (2) of the Code of civil procedure, in case of the provisions of art. 509 para (1) item 8 – providing the possibility of the revision in case of the existence of certain final adverse decisions ruled by courts of the same degree of jurisdiction or of different degrees of jurisdiction which breach the authority of res judicata –, the application for revision shall be filed to the court of the higher degree of jurisdiction as compared to the court which delivered the first decision. If one of the courts of appeal to which these provisions refer is the High Court of Cassation and Justice, the application for revision shall be judged by it. Thus, in case the decisions representing the subject matter of the application for revision shall be deemed as judgements ruled by courts of different degrees of jurisdiction, respectively by Bucharest Tribunal and Bucharest Court of Appeal, the plea of lack of material jurisdiction of the High Court of Cassation and Justice is grounded, and in this case, the material jurisdiction for the settlement of the application shall be held by Bucharest Court of Appeal, in its capacity as a court of higher degree of jurisdiction than Bucharest Tribunal, which delivered the first decision.

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